ILLINOIS
October
POLLUTION
7,
CONTROL
1993
BOARD
IN THE MATTER OF :
)
AMENDMENTS TO THE NEW
)
SOURCE
REVIEW RULES
R93-26
)
(Rulemaking)
35 ILL . ADM . CODE 203
)
Proposed Rule . First Notice .
OPINION AND ORDER OF THE BOARD (by G . T . Girard) :
Agency
On
(Agency)
September
filed
23, 1993,
a "Motion
the Illinois
For Expedited
Environmental
Correction
Protectionand
Affidavit" . The Agency's motion asks that the Board submit to the
Joint Committee on Administrative Rules (JCAR) a request for an
expedited correction of 35 Ill . Adm . Code 203, pursuant to Section
5-85
100/5-85of
the
; MotIllinois
. at 1 .)
Administrative
On October 1,
Procedures
1993, the
Act
Board
(APA)received
. (5 ILCSa
response to the Agency's motion filed by the Illinois Steel Group
(Steel Group) opposing the adoption of an expedited correction .
Section 5-85 of the APA allows an agency to request that JCAR
issue a certification of correction of an adopted rule to correct
:
1) non-substantive errors
; 2) omissions or errors which create a
discrepancy between adopted rule text and text previously
agreements
submitted ;
certified
3) or any
by
discrepancies
JCAR .
between adopted rule text and
The Agency explains that it had proposed an amendment to
Section 203 .209(a) (4) in its November 13, 1992, proposal which was
the subject of this docket . The Agency failed to interlineate the
"2" and underline the "1" as required by the Administrative Code
Style
(Mot .
Manual
at 1-2in
.)
the
Thus,
existing
the proposed
language referring
language
to
appeared
tons per
as
year"4dj.
Particulate matter measured as PM-10 : 15 tpy" . During the January
6, 1993, regulatory matter on this proceeding, attorney Heidi
Hanson noted that the "15" in Section 203 .209 (a) (4) was not
properly
its comments
underlinedsubmitted
. (Trafter
. at
hearing,
55-56 ; Motstated
. at
that
2 .)
"the
The Agency,
'1' on thein
number 15 (tons per year) should be underlined and a '2' should be
added and interlineated" . (P .C . 10 at 2
; Mot . at 2 .) However, the
Board's second notice opinion and order indicated the language as
"4d1 Particulate matter measured as PM-10 : i '5_ tpy" .
The Board's final order also reflected the error that occurred
at second notice and the language as adopted reads "4) Particulate
matter measured as PM-10 : 25 tpy" . Thus, the adopted rule does
not reflect the change as proposed at first notice
.
The Agency states in its motion :
The Agency did not become aware of this discrepancy in
2
until
the Board's
months
final
after
order
the
and
publication
Illinois Register
date . The
publicationAgency
informed the Board by telephone of this discrepancy and
now files this Motion for Expedited Correction to address
the error .
The Steel Group argues that the change requested by the Agency
is substantive in nature . The Steel Group further argues that
because the error "was perpetuated throughout the rulemaking" the
public
significance
"never
level"had
notice
. (Steel
that
at
the
2IEPA
.) Therefore,
was proposing
the
to
Steel
lower
Groupthe
asks the Board to deny the Agency's motion .
must be
The
corrected
Board agrees
as quickly
that an
as
error
possible
occurred
since this
and that
section
the
of
errorthe
rules is a part of Illinois' SIP submittal . However, the question
before the Board is how best to correct this typographical error .
Although, the Board agrees with the Agency that an efficient method
to
through
correct
JCAR,
this
the
error
Board
may
does
be
not
to request
wish to
expedited
appear to
correctionbe
making
substantial regulatory changes through the expedited correction
processunder
Section
. Therefore,
28 .2 of
the
the
Board
Act
will
and
open
proceed
a new
to
rulemaking
hearing on
docketsuch
rulemaking . The hearing can be scheduled to coincide with the
upcoming public hearings in R93-24, so that additional costs will
the
be kept
APA
to
with
a minimumthe
correction
. The Board
to Section
will proceed
203 .209to .
first notice under
The Agency's motion is denied and the Board sends the Section
203 .209 amendments to first notice .
ORDER
The Board directs the Clerk to cause the filing of the
following proposed rule for First Notice in the Illinois Register :
TITLE
SUBTITLE
35 : ENVIRONMENTAL
B : AIR POLLUTIONPROTECTION
CHAPTER I : POLLUTION CONTROL BOARD
SUBCHAPTER a : PERMITS AND GENERAL PROVISIONS
PART 203
MAJOR STATIONARY SOURCES CONSTRUCTION AND MODIFICATION
SUBPART A : GENERAL PROVISIONS
Section203
.101
Definitions
203 .103 Actual Construction
203 .104 Actual Emissions
203203 .107
.110
Allowable
Available Growth
EmissionsMargin
3
203 .112
Building, Structure and Facility
203 .113
203
.116
Commence
Construction
203 .117 Dispersion Enhancement Techniques
203 .119
Emission Baseline
203 .121
Emission Offset
203 .122
203 .123
Emissions unit
Federally Enforceable
203 .124
Fugitive Emissions
203 .125
Installation
203 .126 Lowest Achievable Emission Rate
203
.127 Nonattainment Area
203 .128
Potential to Emit
203 .131 Reasonable Further Progress
203 .134
Secondary Emissions
203 .136
Stationary Source
203 .145 Volatile Organic Material
203
.150 Public Participation
203 .155
Severability (Repealed)
SUBPART B : MAJOR STATIONARY SOURCES IN
NONATTAINMENT AREAS
Section
203 .201
Prohibition
203 .202 Coordination
Pursuant to 35
with
Ill
Permit
. Adm
. Code
Requirement
201
and Application
203 .203 Construction Permit Requirement and Application
203 .204 Duration of Construction Permit (Repealed)
203 .205
Effect of Permits
203 .206 Major Stationary Source
203 .207 Major Modification of a Source
203 .208 Net Emission Determination
203 .209
203 .210 Relaxation
Significant
of
Emissions
a Source-Specific
DeterminationLimitation
203 .211 Permit Exemption Based on Fugitive Emissions
SUBPART C : REQUIREMENTS FOR MAJOR STATIONARY SOURCES IN
NONATTAINMENT AREAS
Section
203 .301 Lowest Achievable Emission Rate
203
.302 Maintenance of Reasonable Further Progress and Emission
203 .303 Baseline
Offsets
and Emission Offsets Determination
203
.304 Exemptions from Emissions Offset Requirement (Repealed)
203203 .305
.306
Compliance
Analysis of
by
AlternativesExisting
sources
SUBPART F : OPERATION OF
MODIFICATIONA
MAJOR STATIONARY SOURCE OR MAJOR
4
Section
203203203 .601.602
.603 Ambient
Emission
Lowest
Monitoring
Achievable
Offset Maintenance
Requirement
Emission Rate
Requirement(Repealed)Compliance
Requirement
SUBPART G
: GENERAL MAINTENANCE OF EMISSION OFFSETS
Section
203 .701 General Maintenance of Emission Offsets
SUBPART H : OFFSETS
ENGINES
FOR
AND
EMISSION
MOTOR
INCREASES
FIRING
FROM ROCKET
Section
203 .801 Offsetting by Alternative or Innovative Means
AUTHORITY : Implementing Section 9 .1 and 10 and authorized by
Section 27 of the Environmental Protection Act (I11 . Rev . Stat .
1991, ch . 111 1/2, pars . 1009 .1, 1010 and 1027) [415 ILCS 5/9 .1, 10
and 27] .
SOURCE22,
1983
: Adopted
; codified
and
at
codified
7 Ill .
at
Reg7 .
Ill13588.
;
Regamended
. 9344,
in
effective
R85-20 at
July12
Ill . Reg . 6118, effective March 22, 1988 ; amended in R91-24 at 16
111 . Reg . 13551, effective August 24, 1992 ; amended in R92-21 at 17
Ill . Reg . 6973, effective April 30, 1993 ; amended in R93-26 at
Ill . Reg . SUBPART ,
Beffective
: MAJOR
STATIONARY
SOURCES IN
NONATTAINMENT AREAS
Section 203 .209
Significant Emissions Determination
a) A net emission increase in the pollutant emitted is
significant if the rate of emission is equal to or in
excess of the following :
1)
Carbon monoxide :
2) Nitrogen oxides : 40 tpy for a nonattainment area
nonattainment
for nitrogen dioxide
area,
and
except
40 tpy
as
for
provided
an ozonein
subsection (b) of this Section
3)
Sulfur dioxide : 40 tpy
4)
Particulate matter measured as PM-10 : 1j5 tpy
5)
Ozone : 40 tpy of volatile organic material,except
as provided in subsection (b) of this Section
6)
Lead : 0.6 tpy
100 tons per year (tpy)
b) For areas classified as serious or severe nonattainment
for ozone, an increase in emissions of volatile organic
material
significant
or
if
nitrogen
the net emissions
oxides shall
increase
be consideredof
such air
pollutant from a stationary source located within such
area exceeds 25 tons when aggregated with all other net
increases in emissions from the source over any period of
5 consecutive calendar years which includes the calendar
year in which such increase occurred . This provision
shall become effective beginning November 15, 1992, or
such later date that an area is classified as a serious
or severe nonattainment area for ozone .
(Source : Amended at 17 Ill . Reg . , effective
IT IS SO ORDERED
I, Dorothy M . Gunn, Clerk of the Illinois Pollution Control
Board,
on the
her y certify that he a ove opinion and order was adopted
day of
1- ,
1993, by a vote
of 7-0
5
Dorothy M
. G
, Clerk
Illinois Po tion Control Board
